544 F. App'x 823
10th Cir.2013Background
- Bledsoe sought judicial review of the Commissioner’s denial of SSI benefits for her minor son, J.D.B.
- The district court affirmed; the court of appeals reverses and remands for further proceedings.
- The ALJ found J.D.B.’s learning disorder and behavioral problems were severe but not listed impairments; he did not find disability.
- The Appeals Council denied review, making the ALJ’s decision the Commissioner’s final decision.
- The issues on appeal center on credibility, listing equivalence, and evaluation of medical opinions (Dr. Snider).
- The panel reverses for a proper credibility analysis and instructs remand for reevaluation of Dr. Snider’s opinion and listing considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility findings for the mother’s testimony | Bledsoe’s testimony lacked explicit credibility findings | ALJ relied on other evidence to support his conclusions | Reversed and remanded for proper credibility analysis |
| Whether J.D.B. meets or medically/effectively equals a listing | Dr. Snider’s opinion supports listing-equivalence | ALJ did not improperly weigh Snider’s opinion | Remanded to reevaluate against listings with proper credibility and medical-opinion analysis |
| Weight given to Dr. Snider’s examining-opinion | ALJ failed to evaluate Dr. Snider under proper regulatory factors | ALJ considered the opinion but did not state weight explicitly | Remanded to evaluate Dr. Snider’s opinion under 20 C.F.R. § 416.927 and reconsider disability findings |
Key Cases Cited
- Briggs ex rel. Briggs v. Massanari, 248 F.3d 1235 (10th Cir. 2001) (credibility analysis tied to substantial evidence)
- Hackett v. Barnhart, 395 F.3d 1168 (10th Cir. 2005) (require credibility findings linked to evidence)
- Allen v. Barnhart, 357 F.3d 1140 (10th Cir. 2004) (harmless-error standard for missing credibility findings not satisfied here)
- Keyes-Zachary v. Astrue, 695 F.3d 1156 (10th Cir. 2012) (discusses evaluating medical opinions and credibility on remand)
- Chapo v. Astrue, 682 F.3d 1285 (10th Cir. 2012) (requires applying factors to medical opinions; proper explanation)